The Underground Railroad
execution of the said wicked and traitorous combination to
expose, resist, and prevent the execution of the said laws of
the said United States, in the State and District aforesaid, he,
the said James Jackson, afterwards, to wit, on the day and year
first aforesaid, in the State, county, and district aforesaid,
and within the jurisdiction of this court, with the said persons
whose names to the grand inquest aforesaid, are as yet unknown,
did, wickedly and traitorously assemble against the said United
States with the avowed intention, by means of force and
intimidation, to prevent the execution of the said laws of the
United States in the State and district aforesaid, and in
pursuance and execution of such, their wicked and traitorous
combination and intention, then and there to the State,
district, and county aforesaid, and within the jurisdiction of
this court, with force and arms, with a great multitude of
persons, to wit, the number of one hundred persons and upwards,
armed and arrayed in a warlike manner, that is to say, with
guns, swords, and other warlike weapons, as well offensive as
defensive, being then and there unlawfully and traitorously
assembled, he, the said James Jackson, did, knowingly, and
unlawfully assault the said Henry H. Kline, he, the said Kline,
being an officer appointed by writing, under the hand of the
said Edward D. Ingraham, Esq., a commissioner under said laws,
to execute warrants and other process, issued by the said
commissioner in the performance of his duties as such; and he,
the said James Jackson, did, then and there, traitorously, with
force and arms, against the will of the said Kline, liberate and
take out of his custody, persons by him before that time
arrested, and in his lawful custody, then and there being, by
virtue of lawful process against them issued by the said
commissioner, they being legally charged with being persons held
to service or labor in the State of Maryland, and owing such
service or labor to a certain Edward Gorsuch, under the laws of
the said State of Maryland, who had escaped therefrom into the
said district; and so the grand inquest aforesaid, upon their
oaths and affirmations, aforesaid, do say, that he, the said
James Jackson, as much as in him lay, did, then and there, in
pursuance and in execution of the said wicked and traitorous
combination and intention, wickedly and traitorously, by means
of force and intimidation, prevent the execution of the said
laws of the United States, in the said State and district.
And further to fulfill and bring to effect, the said traitorous
intention of him, the said James Jackson, and in pursuance and
in execution of the said wicked and traitorous combination to
oppose, resist and prevent the said laws of the United States
from being carried into execution, he, the said James Jackson,
afterwards, to wit, on the day and year first aforesaid, and on
divers other days, both before and afterwards in the State and
district aforesaid, and within the jurisdiction of this court,
with the said persons to this inquest as yet unknown,
maliciously and traitorously did meet, conspire, consult, and
agree among themselves, further to oppose, resist, and prevent,
by means of force and intimidation, the execution of the said
laws herein before specified.
And further to fulfill, perfect, and bring to effect the said
traitorous intention of him the said James Jackson, and in
pursuance and execution of the said wicked and traitorous
combination to oppose and resist the said laws of the United
States from being carried into execution, in the State and
district aforesaid, he, the said James Jackson, together with
the other persons whose names are to this inquest as yet
unknown, on the day and year first aforesaid, and on divers
other days and times, as well before and after, at the district
aforesaid, within the jurisdiction of said court, with force and
arms, maliciously and traitorously did prepare and compose, and
did then and there maliciously and traitorously cause and
procure to be prepared and composed, divers books, pamphlets,
letters, declarations, resolutions, addresses, papers and
writings, and did then and there maliciously and traitorously
publish and disperse and cause to be published and dispersed,
divers other books and pamphlets, letters, declarations,
resolutions, addresses, papers and writings; the said books,
pamphlets, letters, declarations, resolutions, addresses, papers
and writings, so respectively prepared, composed, published and
dispersed, as last aforesaid, containing therein, amongst other
things, incitements, encouragements, and exhortations, to move,
induce and persuade persons held to service in any of the United
States, by the laws thereof, who had escaped into the said
district, as well as other persons, citizens of said district,
to resist, oppose, and prevent, by violence and intimidation,
the execution of the said laws, and also containing therein,
instructions and directions how and upon what occasion, the
traitorous purposes last aforesaid, should and might be carried
into effect, contrary to the form of the act of Congress in such
case made and provided, and against the peace and dignity of the
United States.
JOHN W. ASHMEAD,
Attorney of the U.S. for the Eastern District of Pennsylvania.
The abolitionists were leaving no stone unturned in order to
triumphantly meet the case in Court. During the interim many tokens of
kindness and marks of Christian benevolence were extended to the
prisoners by their friends and sympathizers; among these none deserve
more honorable mention than the noble act of Thomas L. Kane (son of
Judge Kane, and now General), in tendering all the prisoners a sumptuous
Thanksgiving dinner, consisting of turkey, etc., pound cake, etc., etc.
The dinner for the white prisoners, Messrs. Hanaway, Davis, and
Scarlett, was served in appropriate style in the room of Mr. Morrison,
one of the keepers. The U.S. Marshal, A.E. Roberts, Esq., several of the
keepers, and Mr. Hanes, one of the prison officers, dined with the
prisoners as their guests. Mayor Charles Gilpin was also present and
accepted an invitation to test the quality of the luxuries, thus
significantly indicating that he was not the enemy of Freedom.
Mrs. Martha Hanaway, the wife of the "traitor" of that name, and who had
spent most of her time with her husband since his incarceration, served
each of the twenty-seven colored "traitors" with a plate of the
delicacies, and the supply being greater than the demand, the balance
was served to outsiders in other cells on the same corridor.
The pro-slavery party were very indignant over the matter, and the Hon.
Mr. Brent thought it incumbent upon him to bring this high-handed
procedure to the notice of the Court, where he received a few crumbs of
sympathy, from the pro-slavery side, of course. But the dinner had been
so handsomely arranged, and coming from the source that it did, it had a
very telling effect. Long before this, however, Mr. T.L. Kane had given
abundant evidence that he approved of the Underground Rail Road, and was
a decided opponent of the Fugitive Slave Law; in short, that he believed
in freedom for all men, irrespective of race or color.
Castnor Hanaway was first to be tried; over him, therefore, the great
contest was to be made. For the defence of this particular case, the
abolitionists selected J.M. Read, Thaddeus Stevens, Joseph S. Lewis and
Theodore Cuyler, Esqs. On the side of the Fugitive Slave Law, and
against the "traitors," were U.S. District Attorney, John W. Ashmead,
Hon. James Cooper, James R. Ludlow, Esq., and Robert G. Brent, Attorney
General of Maryland. Mr. Brent was allowed to act as "overseer" in
conducting matters on the side of the Fugitive Slave Law. On this
infamous enactment, combined with a corrupted popular sentiment, the
pro-slavery side depended for success. The abolitionists viewed matters
in the light of freedom and humanity, and hopefully relied upon the
justice of their cause and the power of truth to overcome and swallow up
all the Pharaoh's rods of serpents as fast as they might be thrown down.
The prisoners having lain in their cells nearly three months, the time
for their trial arrived. Monday morning, November 24th, the contest
began. The first three days were occupied in procuring jurors. The
pro-slavery side desired none but such as believed in the Fugitive Slave
law and in "Treason" as expounded in the Judge's charge and the finding
of the Grand Jury.
The counsel for the "Traitors" carefully weighed the jurors, and when
found wanting challenged them; in so doing, they managed to get rid of
most all of that special class upon whom the prosecution depended for a
conviction. The jury having been sworn in, the battle commenced in good
earnest, and continued unabated for nearly two weeks. It is needless to
say, that the examinations and arguments would fill volumes, and were of
the most deeply interesting nature.
No attempt can here be made to recite the particulars of the trial other
than by a mere reference. It was, doubtless, the most important trial
that ever took place in this country relative to the Underground Rail
Road passengers, and in its results more good was brought out of evil
than can easily be estimated. The pro-slavery theories of treason were
utterly demolished, and not a particle of room was left the advocates of
the peculiar institution to hope, that slave-hunters in future, in quest
of fugitives, would be any more safe than Gorsuch. The tide of public
sentiment changed--Hanaway, and the other "traitors," began to be looked
upon as having been greatly injured, and justly entitled to public
sympathy and honor, while confusion of face, disappointment and chagrin
were plainly visible throughout the demoralized ranks of the enemy.
Hanaway was victorious.
An effort was next made to convict Thompson, one of the colored
"traitors." To defend the colored prisoners, the old Abolition Society
had retained Thaddeus Stevens, David Paul Brown, William S. Pierce, and
Robert P. Kane, Esqs., (son of Judge Kane). Stevens, Brown and Pierce
were well-known veterans, defenders of the slave wherever and whenever
called upon so to do. In the present case, they were prepared for a
gallant stand and a long siege against opposing forces. Likewise, R.P.
Kane, Esq., although a young volunteer in the anti-slavery war, brought
to the work great zeal, high attainments, large sympathy and true pluck,
while, in view of all the circumstances, the committee of arrangements
felt very much gratified to have him in their ranks.
By this time, however, the sandy foundations of "overseer" Brent and
Co., (on the part of slavery), had been so completely swept away by the
Hon. J.M. Read and Co., on the side of freedom, that there was but
little chance left to deal heavy blows upon the defeated advocates of
the Fugitive Slave Law. Thompson was pronounced "not guilty." The other
prisoners, of course, shared the same good luck. The victory was then
complete, equally as much so as at Christiana. Underground Rail Road
stock arose rapidly and a feeling of universal rejoicing pervaded the
friends of freedom from one end of the country to the other.
Especially were slave-holders taught the wholesome lesson, that the
Fugitive Slave Law was no guarantee against "red hot shot," nor the
charges of U.S. Judges and the findings of Grand Juries, together with